The Office of the Human Rights Defender has received a
number of complaints about not allowing the access of lawyers to Investigative
Bodies and Police Departments, including cases of not allowing the access of a
defense attorney involved in criminal proceedings to the investigative body for
a long time, making the access of a lawyer in the Police Department within the
scope of administrative offenses proceedings conditional on the request to
present a signed agreement with his client, etc.
The Human Rights Defender especially emphasizes that the
advocacy institute has a special importance in realizing the constitutional
right of a person to receive legal assistance. It is no coincidence that the requirement
of guaranteeing advocacy activities based on independence, self-governance and
equality of rights of advocates in order to provide legal aid has also been
enshrined in the Constitution.
The protected professional activity of a lawyer is one of
the important prerequisites for a proper human rights protection system in the
country. It has a key role in the Justice system and ensuring the rule of law.
The role unhindered professional activity of advocates and the corresponding
obligations of states in this regard are also provided for by a number of UN
documents. In addition, according to the European Court of Human Rights, the
freedom of lawyers to engage in their professional activities without
unnecessary obstacles is an essential component of a democratic society and a
necessary precondition for the fulfillment of the requirements of the
Convention "On the Protection of Human Rights and Fundamental
Freedoms".
Moreover, the Criminal Code of the Republic of Armenia
foresees responsibility for obstructing the exercise of the attorney's powers.
In particular, Article 491 of the Criminal Code defines: "Obstructing the
exercise of a lawyer's powers, if this is manifested by illegally not allowing
the lawyer to enter any place of deprivation of liberty in order to see his
client...".
The lawyer's unhindered access and meeting the client are
not ends in themselves. Those guarantees are aimed at ensuring the full realization
of the rights of a person in need of legal assistance, and the prohibition of
visitation in a number of cases may directly lead to the violation of the right
to protection of the person.
Upon the receipt of each complaint or alert pertaining to
not allowing the access of the lawyer, considering its significance in the
context of human rights protection, the Human Rights Defender carries out
immediate intervention. The raised issue is immediately discussed with the
representative of the competent state body in an oral procedure, and if the
issue is not resolved in such a procedure, a visit to the given body is
organized in the form of a quick response. At the same time, it should be
emphasized that problems of this nature are mostly solved by oral procedure,
and in this regard, the Defender emphasizes the stable cooperation established
with the Police and Investigative bodies. Simultaneously, recognizing that
instances of restricting lawyer access in violation of law and order lead
engender problematic precedents, which threatens the practical guarantee of the
right to receive legal aid for persons in the administrative building of the
body conducting the proceedings, especially for persons under criminal
prosecution, the Defender deems the need to develop and implement systemic
solutions to the problem.
Concurrently, it is important that lawyers, in turn,
comply with the requirements set by the legislation, including taking in
account the need to submit the prescribed documents.
The problems recorded in the staff of the Human Rights
Defender were summarized and relevant letters were sent to the competent state
bodies with the request to provide the necessary clarifications.
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